The Rodriguez thing was funny, but WVU isn't trying to get out of paying the exit fee, and they're willing to pay above the exit fee to get out of the 27 month thing, which is what will happen. The lawsuit is merely about getting the wheels moving now and getting a little leverage in the negotiations for how much WVU will pay to settle it.
WVU didn't try to prevent Rodriguez from coaching at Michigan, they just made him pay what his contract stated he would. He wanted to pay nothing. He broke the contract and had to pay. WVU is breaking the contract and will pay. That's all.
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